Legal Question in Insurance Law in California

dual insurance- owner not at fault but policy to cover?

Recently, I gave my brother authorization to drive my car in which he had an accident that was clearly his fault; threw the lock-shifter into "park", while doing 50mph which locked the transmission and my car was rear-ended by another vehicle (no injuries to either party). Both my brother and I have the same insurance company, but separate policies. I don't want the car back, and I won't be able to get hardly anything for trying to sell it. Could I request that his policy pay the difference for the value of the car? Clearly this was not an accident in the traditional sense, and I feel that the insurance company (if it were not the same as mine would allow me more flexibility in trying to show blame).

Also, the insurance company has me as the primary policy in the accident. Should I contest this. And what if I were to change insurers. Is there some "driver incompetency clause" or something, to get them to cough up the money in admitting my brother's mistake?

Many Thanks


Asked on 8/23/00, 7:08 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: dual insurance- owner not at fault but policy to cover?

Basically the damage done to your vehicle falls under your policy. Your property damage policy should pay for the car to be either fixed or totalled out. Totalled out means they find the market value of your vehicle, and cut you a check for this amount. It is up to your insurance company whether to repair the vehicle to the point is was before the accident, or total it out. Usually, whichever is cheaper is what the insurance company will do. Normally, it would be up to the insurance company on whether or not to go after your brother for reimbursement of the money that they paid, however since you both have the same insurance company this is not likely to happen. If someone was injured in the accident they could go after both insurance policies, but no one was injured so this is not an issue. If you have rental car coverage you should ask for a rental car while they are figuring out what to do with your car.

I hope this helps.

Sincerely,

John Hayes, Esq.

Read more
Answered on 9/29/00, 2:39 am


Related Questions & Answers

More Insurance Law questions and answers in California